Wednesday, April 4, 2007
Thai government sets aside patent law to produce generic AIDS, heart disease drugs
(NewsTarget) Thailand has authorized compulsory licenses to produce generic versions of two patented drugs, one being a HIV/AIDS antiretroviral drug, breaking the patents held by drug companies.
The decision comes at the protest of the World Health Organization, which wanted the country to come to a compromise solution with the drug companies to negotiate lower prices.
The WHO also has concerns that government-produced generics will not be of the same quality or effectiveness compared to the patented drugs.
The drugs involved are Kaletra, an HIV/AIDS antiretroviral drug produced by Abbott Laboratories from Illinois, and the blood-thinning medication Plavix, a popular drug produced by Bristol-Meyers Squibb. Thailand's distribution of licenses to make the drugs is permitted by World Trade Organization rules, which say the country can declare a "national emergency" to produce the drugs and override held patents.
Thailand's breaking of the local patent on Kaletra comes four months after the country broke the patent on another HIV/AIDS drug, Efavirenz by Merck.
Among its population of 64 million people, Thailand has more than 580,000 people living with HIV/AIDS, and its national health care system attempts to treat more than 82,000 HIV-positive people.
The move to make generics is expected to save the government $24 million in costs: Treating a person using Kaletra costs the government more than $4,000 a year, whereas using a generic would cost an estimated $1,400 a year, meaning the comparative cost of using a generic is up to two-thirds less.
Kaletra is used in Thailand for patients whose HIV has overpowered a weaker government-produced drug given to them as a first line of defense. Plavix, the other drug that Thailand broke the patent for, is one of the top five drugs sold worldwide, with sales of nearly $6 billion in 2005 alone.
Breaking patents and licensing these generic drugs could improve the Thai government's ability to negotiate lower drug prices with pharmaceutical companies, the director of the Thailand-based Aids Access Foundation, Nimit Tien-udom, was reported as saying by the Thai News Agency.
Thailand is not the only country to break patents: India and Brazil are examples of other countries that produce generic versions of patented drugs under the "national emergency" regulations of the WTO.
A Canadian company also produced a generic version of Kaletra briefly in 2006 for the worldwide market until it was forced to stop.
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